1. C THE
HONOURABLE THE MINISTER OF FINANCE AND PRESIDENT OF TREASURY BOARD C To Move
that the House Resolve itself into a Committee of the Whole on Supply to
Consider a Resolution Relating to the Granting of Supplementary Supply to Her
Majesty. (Bill No. 34)

“WHEREAS subsection 16(1) of the House of Assembly Accountability, Integrity
and Administration Act requires that an independent committee, called a
Members’ Compensation Review Committee, be appointed
at least once during each General Assembly;

AND WHEREAS, in accordance with subsection 16(2) of
the House of Assembly Accountability,
Integrity and Administration Act, the Speaker has consulted with all House
leaders on the appointment of the said Committee;

AND WHEREAS all House leaders have agreed with the
introduction of this Resolution;

AND WHEREAS, under subsection 16(4) of the House of Assembly Accountability, Integrity
and Administration Act, a Members’ Compensation Review Committee appointed
under this resolution must report to the Speaker on its recommendations within
120 days of its appointment;

BE IT RESOLVED THAT Joe O’Neill, Cathy Bennett and Brian
Barry be appointed to the Members’ Compensation Review Committee, with the
appointment to be effective on July 6, 2009;

AND BE IT FURTHER
RESOLVED THAT the
Members’ Compensation Review Committee inquire into and prepare a report
respecting the salaries, allowances, severance payments and pensions to be paid
to Members of the House of Assembly;

AND BE IT FURTHER RESOLVED THAT the Members’ Compensation Review
Committee, as part of its inquiries, include consultations with appropriate
persons who can assist the Committee with respect to its required duties;

AND BE IT FURTHER RESOLVED THAT the Members’ Compensation Review
Committee deliver its report to the Speaker on or before October 31, 2009;

AND BE IT FURTHER RESOLVED THAT the House of Assembly Service conclude
the contractual arrangements required to carry out the intent of this
Resolution.”

3. C THE HONOURABLE THE GOVERNMENT HOUSE LEADER C To Move:

“WHEREAS pursuant to
subsection 3(1) of the Citizens’
Representative Act and followinga resolution of the House of Assembly on December 13, 2001, the
Lieutenant-Governor in Council,by Order
in Council dated December 14, 2001, appointed Mr. Fraser March to serve as the
Citizens’ Representative commencing on February 1, 2002;

AND
WHEREAS the Auditor General in his Report on Reviews of Departments and
Crown Agencies for the Year ending March 31, 2004, as submitted to the
Speaker on January 26, 2005, identified a number of concerns relating to the
operations of the Office of the Citizens’ Representative;

AND
WHEREAS the said Auditor General Report contained the written response of
the Citizens’ Representative with respect to the identified concerns;

AND
WHEREAS the Internal Economy Commission of the House of Assembly conducted
a review of the concerns raised by the Auditor General, hired an independent
legal consultant to advise the Internal Economy Commission respecting those
concerns and offered Mr. March himself, or through his solicitor, four
opportunities to present his case before the Commission, which he declined;

AND
WHEREAS on June 29, 2005, the Internal Economy Commission directed the
Speaker to recommend to the Lieutenant-Governor in Council that pursuant to
subsection 7(1) of the Citizens’
Representative Act the Citizens’ Representative be suspended;

AND
WHEREAS on August 30, 2005 the Lieutenant-Governor in Council temporarily
suspended, with pay, the Citizens’ Representative from his duties pursuant to
section 7 of the Citizens’ Representative
Act;

AND
WHEREAS on December 12, 2005, the House of Assembly, by a majority vote of
its Members passed a resolution that Mr. March be removed from the Office of
the Citizens’ Representative;

AND
WHEREAS following the said Resolution the Lieutenant-Governor in Council,
under section 6 of the Citizens’
Representative Act, issued an Order in Council removing Mr. March from the
Office of Citizens’ Representative effective December 12, 2005;

AND
WHEREAS on April 6, 2007, Justice David Orsborn
of the Supreme Court Trial Division dismissed an Application by Mr. Fraser
March and concluded that the Resolution and the manner in which it was debated
by the House of Assembly was immune from judicial review due to Parliamentary
Privilege;

AND
WHEREAS Mr. March has requested that there be an independent review of the
circumstances surrounding his removal;

AND
WHEREAS the Minister of Justice, on January 22, 2009 announced that he had
asked the Government House Leader to request that the Management Commission of
the House of Assembly endorse the introduction of a Resolution during the next
session of the House of Assembly, to conduct an independent review of the case
of the former Citizens’ Representative, Mr. Fraser March;

AND
WHEREAS on May 13, 2009, a majority of the House of Assembly Management
Commission members resolved that the Commission endorse a resolution in the
House of Assembly to appoint a retired Supreme Court Justice to conduct an
independent and impartial review into the circumstances of Fraser March’s
removal from office, which review will include the opportunity for Fraser March
to be heard;

THEREFORE
BE IT RESOLVED that the House of Assembly Management Commission select a
retired Supreme Court Justice who shall be appointed to conduct a review of the
actions of Mr. Fraser March that led to his removal from the Office of the
Citizens’ Representative;

AND
BE IT FURTHER RESOLVED that the terms of reference for the said review
shall be as follows:

1.The retired
Justice is authorized to undertake an independent review and evaluation of the
actions of Mr. Fraser March with respect to the decision to remove him from the
Office of the Citizens’ Representative.

2.The review shall include the
opportunity for Mr. March to be heard by the retired Justice.

3.The retired Justice is
authorized to produce an opinion as to whether or not,
there was sufficient cause to remove Mr. March from office.

4.The review shall be completed within
two months, at which time the retired Justice shall issue a written report to
the Speaker for distribution to Members of the House of Assembly.